Neycer India Limited v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.09.2025
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.4636 & 4638 of 2020 NEYCER INDIA LIMITED having its registered office at No.145, Saint Mary's Road, Alwarpet, Chennai - 600 018.
Represented by Mr.T.Mani, Authorised Signatory ... Petitioner Vs
1. Union of India, Represented by its Ministry of Corporate Affairs, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi - 110 001.
2. Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi - 110 001.
3. GAIL (INDIA) LIMITED Gail Bhawan, 16, Bhikaijicama Place, New Delhi - 110 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus issuing directions to the respondents for implementing Clause 10 (L) of MS-08 (Modified Rehabilitation 1/4
Scheme) as approved by Board of Industrial & Financial Reconstruction vide order dated 16th October 2008 and consequently direct the third respondent to (i) refund to the Petitioner Rs.27,99,39,185/- (Rupees Twenty Seven Crores Ninety Nine Lakhs Thirty Nine Thousand One Hundred and Eighty Five Only) towards excess amount of fixed transportation charges recovered from the Petitioner towards the cost of laying pipelines with Interest (ii) waive future fixed transportation charges on account of cost of laying the pipelines and (iii) allocate additional natural gas of 35000 scm. Per day for the proposed expanded activities and pass orders. For Petitioner :
Mr.Abhishek Raman For Respondents :
Mr.V.Ashok Kumar Senior Panel Counsel for R1 & R2 Ms. Komal.V for M/s. Giridhar & Sai for R3
O R D E R
This petition has been filed to direct the respondents for implementing Clause 10 (L) of MS-08 (Modified Rehabilitation Scheme) as approved by Board of Industrial & Financial Reconstruction vide order dated 16.10.2008 and consequently direct the third respondent to (i) refund to the Petitioner Rs.27,99,39,185/- (Rupees Twenty Seven Crores Ninety Nine Lakhs Thirty Nine Thousand One Hundred and Eighty Five Only) 2/4
towards excess amount of fixed transportation charges recovered from the Petitioner towards the cost of laying pipelines with Interest (ii) waive future fixed transportation charges on account of cost of laying the pipelines and (iii) allocate additional natural gas of 35000 scm. Per day for the proposed expanded activities and pass orders.
2. The learned counsel for the petitioner submitted that on the very same issue, the arbitration proceeding was initiated by the petitioner and an award has already been passed by the arbitrator. Hence, nothing survives for adjudication in the present petition.
In the light of the above submission, this Writ Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs.
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M.DHANDAPANI,J.
dh To
1. Union of India, Represented by its Ministry of Corporate Affairs, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi - 110 001.
2. Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi - 110 001.
3. GAIL (INDIA) LIMITED Gail Bhawan, 16, Bhikaijicama Place, New Delhi - 110 066.
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